us-cbp-cross-rulings-hq-555216•HQ 555216: Applicability of subheading 9802.00.80, HTSUS, to certain steel doors from Mexico
HQ 555216: Applicability of subheading 9802.00.80, HTSUS, to certain steel doors from Mexico
us-cbp-cross-rulings-hq-555216HQ 555216: Applicability of subheading 9802.00.80, HTSUS, to certain steel doors from MexicoGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 555216
June 8, 1989
CLA-2 CO:R:C:V 555216 DBI
CATEGORY: Classification
TARIFF NO.: 9802.00.80, HTSUS
Mark S. Zolno, Esq.
Katten Muchin and Zavis
525 West Monroe Street, Suite 1600
Chicago, Illinois 60606-3693
RE: Applicability of subheading 9802.00.80, HTSUS, to certain
steel doors from Mexico
Dear Mr. Zolno:
This is in response to your letter dated December 16, 1988,
on behalf of your client, Adtec, Inc., in which you request a
ruling concerning the applicability of subheading 9802.00.80,
Harmonized Tariff Schedule of the United States (HTSUS), to
certain steel doors to be imported from Mexico.
FACTS:
You advise that your client intends to ship steel door
parts of U.S. origin to Mexico to be assembled into steel doors
for use in U.S. jails. The parts to be sent to Mexico consist of
the following:
1. Pre-cut and formed front and back portion of the metal
door called "skins";
2. Edge reinforcing channels;
3. Top and bottom closure channels;
4. Fireproofing and insulation;
5. Hinge and hardware reinforcements;
6. Stiffening ribs (hat sections); and
7. Completed hardware and locking devices.
The components will undergo the following assembly operations in
Mexico:
1. The parts of the door will be laid out, with reference
to the specifications and shop drawings, and tack welded
together;
-2-
2. All internal steel components of the door will be
either spot or skip welded to the door skins;
3. Sound deadening materials will be installed, if
required by the job specifications. This involves
installing insulation material in the door cavities;
4. Contact glue is applied to the exposed surfaces of the
opposing stiffening ribs;
5. The exposed surfaces of the stiffening ribs in the
opposing skins are joined and put in the pressure press for
additional welding along the tops, bottoms and other
accessible edges of the door;
6. Skip or seam welding will be done all along the edges
of the doors;
7. Reinforcing ribs will be welded across the top and on
both ends of the doors;
8. Preliminary grinding will be done to the edges, top and
bottom of the door. This is to cut away excess material
and to smooth out the imperfections in the door caused by
the welding process;
9. An epoxy substance will be applied to any pits in the
door that have resulted from the welding process;
10. Final grinding and sanding and finishing operations
will be performed to smooth out all imperfections caused by
the welding to remove excess epoxy;
11. The door will be painted with a prime coat by means of
spraying;
12. Mechanical locks and special hardware manufactured in
the U.S. will be inserted into the appropriate openings in
the door. Installation of these parts consists of
inserting hardware in prepared openings in the door and
fastening them with screws.
Following the assembly processes, the doors will be returned to
the U.S. for installation at the jail site.
-3-
ISSUE:
Whether the described steel doors, when returned to the
U.S., are eligible for the partial duty exemption in subheading
9802.00.80, HTSUS.
LAW AND ANALYSIS:
Subheading 9802.00.80, HTSUS, applies to articles assembled
abroad in whole or in part of fabricated components, the product
of the U.S., with no operations performed thereon except the
attachment of the components to form the imported merchandise and
operations incidental thereto. An article classified under
subheading 9802.00.80, HTSUS, is subject to duty upon the full
appraised value of the imported article, less the cost or value
of such products of the U.S.
Section 10.16(a), Customs Regulations (19 CFR 10.16(a)),
provides that assembly operations performed abroad may consist of
any method used to join or fit together solid components, such as
welding, gluing or the use of fasteners, and may be preceded,
accompanied, or followed by operations incidental to the
assembly.
Section 10.16(b), Customs Regulations (19 CFR 10.16(b)),
provides that operations incidental to the assembly process
whether performed before, during, or after assembly, do not
constitute further fabrication, and shall not preclude the
application of the exemption. Operations specified in this
provision as incidental to the assembly process include the
application of a preservative paint or coating and the trimming,
filing, or cutting off of small amounts of excess materials.
In the present case, the assembly operations which involve
welding, gluing, and fastening with screws are specifically
enumerated in the regulations as acceptable assembly operations
under subheading 9802.00.80, HTSUS. The grinding and sanding
operations to remove excess material and smooth out imperfections
caused by the welding, and the painting with a primary coat are
also specifically enumerated above as acceptable operations
incidental to the assembly process.
-4-
HOLDING:
On the basis of the information submitted, it is our
opinion that the welding, gluing and fastening processes
performed abroad are considered acceptable assembly operations.
The grinding, sanding and painting of a prime coat are considered
incidental to those operations. Therefore, allowances in duty
may be made under subheading 9802.00.80, HTSUS, for the cost or
value of the U.S.-made steel components upon return of the
assembled steel doors, provided the documentation requirements of
section 10.24, Customs Regulations (19 CFR 10.24) are satisfied.
Sincerely,
John Durant
Director, Commercial
Rulings Division
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